WPSB/312/2020
2022 Latest Caselaw 2981 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
          HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                             AND
                HON'BLE SRI JUSTICE R.C. KHULBE

                      15TH SEPTEMBER, 2022
          WRIT PETITON (S/B) No. 312 OF 2020

Between:

Nand Nandan Prasad Pandey.
                                                                ...Petitioner

and

State of Uttarakhand and others.
                                                           ...Respondents

Counsel for the petitioner.          :   Mr. C.K. Sharma, the learned counsel.

Counsel for the respondents.         :   Mr. J.C. Pande, the learned Standing
                                         Counsel for the State of Uttarakhand.

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

              The petitioner has preferred the present Writ

Petition to seek the following reliefs :-

              "i)     Issue a writ of certiorari quashing the impugned
                      order dated 28.1.2019 passed by respondent
                      no.2 (contained as Annexure No.1 to the writ
                      petition).

              ii)     Issue a writ order or direction in the nature of
                      mandamus commanding and directing the
                      respondents to pay entire gratuity and pension
                      to the petitioner with 18% compound interest."


2.            The petitioner falls within the definition of a

public servant.               The claim raised by the petitioner

squarely falls for consideration by the Uttarakhand Public

Services Tribunal.
 3.          Considering the fact that the Writ Petition has

been pending since 2020, and pleadings are complete,

we direct the Registry to transfer the complete record of

this Writ Petition to the Uttarakhand Public Services

Tribunal.    The Tribunal shall register the same as a

Claim Petition, and deal with the same accordingly.


4.          Interim order shall continue to operate till the

matter is taken up by the Tribunal.


5.          In sequel thereto, pending application, if any,

also stands disposed of.


                                    ________________
                                     VIPIN SANGHI, C.J.


                                         _____________
                                          R.C. KHULBE, J.

Dt: 15th September, 2022 Rahul